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Saturday, June 17, 2017

National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba

National Security Presidential Memorandum on Strengthening the Policy of
the United States Toward Cuba

MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET
THE ASSISTANT TO THE PRESIDENT FOR
NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT FOR
HOMELAND SECURITY AND COUNTERTERRORISM
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT
FOR ECONOMIC AFFAIRS
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE
AND TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES
TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL
MANAGEMENT

Section 1. Purpose.

The United States recognizes the need for more freedom and democracy,
improved respect for human rights, and increased free enterprise in
Cuba. The Cuban people have long suffered under a Communist regime that
suppresses their legitimate aspirations for freedom and prosperity and
fails to respect their essential human dignity.

My Administration's policy will be guided by the national security and
foreign policy interests of the United States, as well as solidarity
with the Cuban people. I will seek to promote a stable, prosperous, and
free country for the Cuban people. To that end, we must channel funds
toward the Cuban people and away from a regime that has failed to meet
the most basic requirements of a free and just society.

In Cuba, dissidents and peaceful protesters are arbitrarily detained and
held in terrible prison conditions. Violence and intimidation against
dissidents occurs with impunity. Families of political prisoners are
not allowed to assemble or peacefully protest the improper confinement
of their loved ones. Worshippers are harassed, and free association by
civil society organizations is blocked. The right to speak freely,
including through access to the internet, is denied, and there is no
free press. The United States condemns these abuses.

The initial actions set forth in this memorandum, including restricting
certain financial transactions and travel, encourage the Cuban
government to address these abuses. My Administration will continue to
evaluate its policies so as to improve human rights, encourage the rule
of law, foster free markets and free enterprise, and promote democracy
in Cuba.

Sec. 2. Policy.

It shall be the policy of the executive branch to:

(a) End economic practices that disproportionately benefit the
Cuban government or its military, intelligence, or security agencies or
personnel at the expense of the Cuban people.

(b) Ensure adherence to the statutory ban on tourism to Cuba.

(c) Support the economic embargo of Cuba described in section
4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996 (the embargo), including by opposing measures that call for an end
to the embargo at the United Nations and other international forums and
through regular reporting on whether the conditions of a transition
government exist in Cuba.

(d) Amplify efforts to support the Cuban people through the
expansion of internet services, free press, free enterprise, free
association, and lawful travel.

(e) Not reinstate the "Wet Foot, Dry Foot" policy, which
encouraged untold thousands of Cuban nationals to risk their lives to
travel unlawfully to the United States.

(f) Ensure that engagement between the United States and Cuba
advances the interests of the United States and the Cuban people. These
interests include: advancing Cuban human rights; encouraging the growth
of a Cuban private sector independent of government control; enforcing
final orders of removal against Cuban nationals in the United States;
protecting the national security and public health and safety of the
United States, including through proper engagement on criminal cases and
working to ensure the return of fugitives from American justice living
in Cuba or being harbored by the Cuban government; supporting United
States agriculture and protecting plant and animal health; advancing the
understanding of the United States regarding scientific and
environmental challenges; and facilitating safe civil aviation.

Sec. 3. Implementation.

The heads of departments and agencies shall begin to implement the
policy set forth in section 2 of this memorandum as follows:

(a) Within 30 days of the date of this memorandum, the Secretary
of the Treasury and the Secretary of Commerce, as appropriate and in
coordination with the Secretary of State and the Secretary of
Transportation, shall initiate a process to adjust current regulations
regarding transactions with Cuba.

(i) As part of the regulatory changes described in this
subsection, the Secretary of State shall identify the entities or
subentities, as appropriate, that are under the control of, or act for
or on behalf of, the Cuban military, intelligence, or security services
or personnel (such as Grupo de Administracion Empresarial S.A. (GAESA),
its affiliates, subsidiaries, and successors), and publish a list of
those identified entities and subentities with which direct financial
transactions would disproportionately benefit such services or personnel
at the expense of the Cuban people or private enterprise in Cuba.

(ii) Except as provided in subsection (a)(iii) of this
section, the regulatory changes described in this subsection shall
prohibit direct financial transactions with those entities or
subentities on the list published pursuant to subsection (a)(i) of this
section.

(iii) The regulatory changes shall not prohibit
transactions that the Secretary of the Treasury or the Secretary of
Commerce, in coordination with the Secretary of State, determines are
consistent with the policy set forth in section 2 of this memorandum and:

(A) concern Federal Government operations, including
Naval Station Guantanamo Bay and the United States mission in Havana;

(B) support programs to build democracy in Cuba;

(C) concern air and sea operations that support
permissible travel, cargo, or trade;

(D) support the acquisition of visas for permissible
travel;

(E) support the expansion of direct
telecommunications and internet access for the Cuban people;

(F) support the sale of agricultural commodities,
medicines, and medical devices sold to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
seq.) and the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);

(H) otherwise further the national security or
foreign policy interests of the United States; or

(I) are required by law.

(b) Within 30 days of the date of this memorandum, the Secretary
of the Treasury, in coordination with the Secretary of State, shall
initiate a process to adjust current regulations to ensure adherence to
the statutory ban on tourism to Cuba.

(i) The amended regulations shall require that
educational travel be for legitimate educational purposes. Except for
educational travel that was permitted by regulation in effect on January
27, 2011, all educational travel shall be under the auspices of an
organization subject to the jurisdiction of the United States, and all
such travelers must be accompanied by a representative of the sponsoring
organization.

(ii) The regulations shall further require that those
traveling for the permissible purposes of non academic education or to
provide support for the Cuban people:

(A) engage in a full-time schedule of activities that
enhance contact with the Cuban people, support civil society in Cuba, or
promote the Cuban people's independence from Cuban authorities; and

(B) meaningfully interact with individuals in Cuba.

(iii) The regulations shall continue to provide that every
person engaging in travel to Cuba shall keep full and accurate records
of all transactions related to authorized travel, regardless of whether
they were effected pursuant to license or otherwise, and such records
shall be available for examination by the Department of the Treasury for
at least 5 years after the date they occur.
(iv) The Secretary of State, the Secretary of the
Treasury, the Secretary of Commerce, and the Secretary of Transportation
shall review their agency's enforcement of all categories of permissible
travel within 90 days of the date the regulations described in this
subsection are finalized to ensure such enforcement accords with the
policies outlined in section 2 of this memorandum.

(c) The Secretary of the Treasury shall regularly audit travel
to Cuba to ensure that travelers are complying with relevant statutes
and regulations. The Secretary of the Treasury shall request that the
Inspector General of the Department of the Treasury inspect the
activities taken by the Department of the Treasury to implement this
audit requirement. The Inspector General of the Department of the
Treasury shall provide a report to the President, through the Secretary
of the Treasury, summarizing the results of that inspection within 180
days of the adjustment of current regulations described in subsection
(b) of this section and annually thereafter.

(d) The Secretary of the Treasury shall adjust the Department of
the Treasury's current regulation defining the term "prohibited
officials of the Government of Cuba" so that, for purposes of title 31,
part 515 of the Code of Federal Regulations, it includes Ministers and
Vice-Ministers, members of the Council of State and the Council of
Ministers; members and employees of the National Assembly of People's
Power; members of any provincial assembly; local sector chiefs of the
Committees for the Defense of the Revolution; Director Generals and
sub–Director Generals and higher of all Cuban ministries and state
agencies; employees of the Ministry of the Interior (MININT); employees
of the Ministry of Defense (MINFAR); secretaries and first secretaries
of the Confederation of Labor of Cuba (CTC) and its component unions;
chief editors, editors, and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and radio;
and members and employees of the Supreme Court (Tribuno Supremo Nacional).

(e) The Secretary of State and the Representative of the United
States to the United Nations shall oppose efforts at the United Nations
or (with respect to the Secretary of State) any other international
forum to lift the embargo until a transition government in Cuba, as
described in section 205 of the LIBERTAD Act, exists.

(f) The Secretary of State, in coordination with the Attorney
General, shall provide a report to the President assessing whether and
to what degree the Cuban government has satisfied the requirements of a
transition government as described in section 205(a) of the LIBERTAD
Act, taking into account the additional factors listed in section 205(b)
of that Act. This report shall include a review of human rights abuses
committed against the Cuban people, such as unlawful detentions,
arbitrary arrests, and inhumane treatment.

(g) The Attorney General shall, within 90 days of the date of
this memorandum, issue a report to the President on issues related to
fugitives from American justice living in Cuba or being harbored by the
Cuban government.

(h) The Secretary of State and the Administrator of the United
States Agency for International Development shall review all democracy
development programs of the Federal Government in Cuba to ensure that
they align with the criteria set forth in section 109(a) of the LIBERTAD
Act.

(i) The Secretary of State shall convene a task force, composed
of relevant departments and agencies, including the Office of Cuba
Broadcasting, and appropriate non-governmental organizations and
private-sector entities, to examine the technological challenges and
opportunities for expanding internet access in Cuba, including through
Federal Government support of programs and activities that encourage
freedom of expression through independent media and internet freedom so
that the Cuban people can enjoy the free and unregulated flow of
information.

(j) The Secretary of State and the Secretary of Homeland
Security shall continue to discourage dangerous, unlawful migration that
puts Cuban and American lives at risk. The Secretary of Defense shall
continue to provide support, as necessary, to the Department of State
and the Department of Homeland Security in carrying out the duties
regarding interdiction of migrants.

(k) The Secretary of State, in coordination with the Secretary
of the Treasury, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, and the Secretary of Homeland Security, shall
annually report to the President regarding the engagement of the United
States with Cuba to ensure that engagement is advancing the interests of
the United States.

(l) All activities conducted pursuant to subsections (a) through
(k) of this section shall be carried out in a manner that furthers the
interests of the United States, including by appropriately protecting
sensitive sources, methods, and operations of the Federal Government.

Sec. 4. Earlier Presidential Actions.

(a) This memorandum supersedes and replaces both National
Security Presidential Directive-52 of June 28, 2007, U.S. Policy toward
Cuba, and Presidential Policy Directive-43 of October 14, 2016, United
States-Cuba Normalization.

(b) This memorandum does not affect either Executive Order 12807
of May 24, 1992, Interdiction of Illegal Aliens, or Executive Order
13276 of November 15, 2002, Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region.

Sec. 5. General Provisions.

(a) Nothing in this memorandum shall be construed to impair or
otherwise affect:

(i) the authority granted by law to an executive
department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary, administrative, or
legislative proposals.

(b) This memorandum shall be implemented consistent with
applicable laws and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of State is hereby authorized and directed to
publish this memorandum in the Federal Register.